TERMS & CONDITIONS
TERMS AND CONDITIONS FOR THE USE OF LEADINGCULTUREDESTINATIONS.COM
1. INTRODUCTION
1.1. These Terms and Conditions govern the agreement between you (the “User” of this Website) and Brand Your World LTD, trading as Leading Culture Destinations, (the “Company“) in relation to your use of lcdawards.com and m.lcdawards.com, (together, the “Website“), all the related mobile and desktop applications (the “Apps“) and all related content, features, widgets, tools, data, software, APIs (which may also be subject to separate API Terms of Use) and other services provided by the Company (the “Services“). The terms “Brand Your World LTD” or “us” or “we” or “our” refers to the owner and provider of the Website, Apps and Services, a company incorporated and registered in England and Wales with company number 067 4374 2.
1.2. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website, Apps or Services. If you continue to browse and use the Website, Apps or Services, you are agreeing to comply with and be bound by the following Terms and Conditions in full, which together with our Privacy Policy govern the relationship between us and you in relation to your use of the Website, Apps or Services. If you disagree with any part of these Terms and Conditions, you must not use the Website, Apps or Services.
1.3. We may revise these Terms and Conditions at any time by posting an updated version to this web page. You should visit this page periodically to review the most current Terms and Conditions because they are binding on all Users of the Website, Apps and Services.
1.4. Our Website uses cookies. By using our Website or any of our Services, you consent to our use of cookies in accordance with the terms of our Privacy Policy.
1.5. To access or use the Website, Apps or Services, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions.
1.6. We do not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register. If you are under 18, please do not attempt to register on or for the Website, Apps or Services or send any information about yourself to us, including your name, address, telephone number or email address. No one under the age of 18 may provide any personal information to or on Website, Apps or Services. In the event that we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible. You may not have to be a member to participate in certain parts of the Website, Apps or Services but you must meet the designated minimum age requirements for the specific matter.
2. INTELLECTUAL PROPERTY AND RIGHT TO USE
2.1. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content contained within the Website, Apps or Services shall remain at all times owned by us or our licensors. You are permitted to use this material only as expressly authorised by us.
2.2. You acknowledge and agree that the material and content contained within the Website, Apps or Services is made available for yourpersonal non-commercial use only and that you may share on social media sites, print off one copy, and download extracts of, any page(s) from any of the Website, Apps or Services only for such purpose. Any other use of the material and content of the Website or Services is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, broadcast, sell, license, display, distribute, commercially exploit or create derivative works of such material and content.
2.3. Except for personal data (as defined and referenced in our Privacy Policy), any information you submit to the Website, Apps or Services, whether by way of comment, any chat room function or otherwise, will not be treated confidentially and you acknowledge that we may use such information for any purposes subject to these Terms and Conditions.
2.4. By posting communications and other content on or through the Website, Apps or Services, you shall be deemed to have granted to us a royalty-free, perpetual, irrevocable, non-exclusive license to use (whether in the commercial context or otherwise), reproduce, modify, publish, edit, translate, distribute, perform, and display the communication or submitted content alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sub-licensees.
2.5. You may access our RSS feed by clicking on the RSS feed link. By accessing our RSS feed you accept these Terms and Conditions. Subject to your acceptance of these Terms and Conditions, and notwithstanding the restrictions set out above, we grant to you a non-exclusive non-transferable non-sub-licensable licence to display our RSS feed in unmodified form on any non-commercial website owned and operated by you. It is a condition of this licence that you include a credit for us and hyperlink to our Website on each web page where the RSS feed is published (in such form as we may specify from time to time, or if we do not specify any particular form, in a reasonable form). We may revoke this licence at any time, with or without notice or explanation.
3. ACCEPTABLE USE
3.1. You must not use the Website, Apps or Services in any way that causes, or may cause, damage to the Website, Apps or Services or impairment of the availability or accessibility of the Website, Apps or Services; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
3.2. You must not use our Website, Apps or Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
3.3. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website, Apps or Services without our express written consent.
3.4. You must not use the Website, Apps or Services to transmit or send unsolicited commercial communications.
3.5. You must not use the Website, Apps or Services for any purposes related to marketing or any associated commercial exploitation without our express written consent.
4. REGISTERED USERS
4.1. In order to become a Registered User on some parts or all of the Website, Apps or Services, you will need to create an account.
4.2. As a Registered User you will be entitled to features including, but not limited to:
4.2.1 Receiving general email updates;
4.2.3 Receiving personalised email(s);
4.2.4 Contribution of your ratings to the Culture Index (as defined below)
4.2.4 Personalisation of certain areas of the Website, Apps or Services;
4.2.5 Entering into competitions run by the Company or third parties;
4.2.6 Taking advantage of special offers which may be offered from time to time at the sole discretion of the Company or third parties.
4.3. You warrant that all the information you provide to us as part of the registration procedure is true, accurate, fair and complete (including, but not limited to your name (“User Name“), e-mail address and a password you will use to access the Website or Services) and to keep your registration information accurate. Failure to do so will constitute a breach of these Terms and Conditions, which may result in instant termination of your account.
4.4. We may allow you to select your own username and password, but you acknowledge that we may refuse to permit, or may insist that you change, any username at our discretion including where such impersonates another person. Registered Users must keep their usernames and passwords confidential.
4.5. You must notify us in writing immediately if you become aware of any unauthorised use of your account.
4.6. You are solely responsible for any activity on the Website, Apps or Services arising out of any failure to keep your account details confidential, and may be held liable for any losses arising out of such a failure.
4.7. You must not use any other person’s username and password to access the Website, Apps or Services, unless you have that person’s express permission to do so.
4.8. Registered Users may be granted access to such additional features on the Website, Apps or Services as we may from time to time determine in our sole discretion.
4.9. We may disable usernames and passwords, delete accounts, and delete any information associated with an account, on a temporary or permanent basis in our sole discretion without notice or explanation.
4.10. All Registered Users hereby grant to the Company a worldwide, royalty-free, perpetual, transferable, irrevocable, non-exclusive license and right to use, reproduce, share, copy, modify, publish, edit, translate, reformat, host, aggregate, distribute, perform, and display the content created alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sub-licensees.
4.11. All Registered Users warrant, represent and undertake to us that they have full power and authority to grant the rights and licences referred to in this clause 4 and that the content created:
4.10.1 does not infringe any third party’s intellectual property rights (including without limitation copyright and/or trademarks), other proprietary rights or rights of publicity or privacy; and
4.10.2 does not violate any law, statute, ordinance or regulation; and
4.10.3 is not defamatory, libellous, unlawfully threatening or unlawfully harassing; and
4.10.4 is not obscene or pornographic; and
4.10.5 does not violate any laws regarding unfair competition, anti-discrimination or false advertising.
5. THIRD PARTY WEBSITES
5.1 The Website, Apps or Services may contain hyperlinks to websites and resources owned and operated by third parties. These third party websites and resources have their own terms and conditions of use and privacy policies which you will be required to comply with. We have no control over third party websites or resources and we are not responsible for the availability of such websites and resources. Through using the Website, Apps or Services you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
5.2 Third party links do not imply that we endorse, are affiliated or associated with any linked website, or are legally authorised to use any intellectual property accessible through such links.
6. CULTURE INDEX, DIRECTORY SERVICE AND MAP
6.1 The Website, Apps or Services shall contain information about cultural institutions (the “Leading Culture Destinations“), a directory listing of voted leaders of the museum industries, but not limited to, address; contact information; and opening hours of third parties.
6.2 We endeavour to keep the information on third parties available on Website, Apps or Services up-to-date; however, we make no warranty that such information will meet your requirements or will be uninterrupted, timely, secure, accurate or error-free, or that that defects will be corrected.
6.3 The nature of the the website is to promote cultural destinations and in their endeavour the bring new audiences to their offering worldwide. All provided and compiled content for that listing is based upon feedback from third party contributors and Registered Users. Accordingly, we provide no warranty, representation, verification or assertion of the content of the relevant parts of the Culture Index. Any opinion comprised within such contributed material is that of the relevant author and does not reflect the views and opinions of Brand Your World LTD, its directors, shareholders or employees. Further, we shall accept no liability or responsibility to any third party with regard to such.
7. E-COMMERCE TRANSACTIONS
7.1 The Website, Apps or Services may offer you the opportunity to acquire tickets, travel packages, goods products and services, make bookings for venues and events and obtain other benefits and enter into any other commercial transactions (“E-commerce Transactions“).
7.2 E-commerce Transactions are available both from the Company and from the commercial partners of the Company (“Trading Partners“). It is important to note that where you enter into E-commerce transactions with Trading Partners you will be required to enter into separate terms and conditions in respect of such transaction directly with Trading Partners. In the event that you enter into E-commerce Transactions with the Company then the terms and conditions relating to such transactions are subject to the Company’s E-commerce Terms and Conditions. We cannot be held responsible for any transaction that you enter into with a Trading Partner or any losses that may arise from such.
8. LIMITATIONS AND EXCLUSIONS OF LIABILITY
8.1. The Website, Apps or Services are provided on an “as is” and “as available” basis for your information and personal use only without any representation or endorsement. Unless specified in separate terms and conditions relating to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the Website, Apps or Services, or products or services offered on the Website, Apps or Services whether by us or on our behalf (including free software downloads) including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade. Further, to the extent that you utilise any download or software made available through the Website, Apps or Services, you acknowledge and agree that it is your responsibility to ensure the safety and efficacy of such.
8.2. Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Website, Apps or Services or any products offered on the Website, Apps or Services whether by us or on our behalf (including free software downloads) will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website, Apps or Services or the server which makes them available or products offered on the Website or Services whether by us or on our behalf (including free software downloads) are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of functionality, content or material as a result of uploading to or downloading from the Website, Apps or Services.
8.3. We will not be liable in contract, tort (including, without limitation, negligence) or otherwise for:
8.3.1. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
8.3.2. any loss of goodwill or reputation; or
8.3.3. loss of data or use of data; or
8.3.4. any special or indirect or consequential losses, howsoever arising and in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.
8.4 Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees, or any liability in the tort of deceit.
9. INDEMNITY
You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the terms by you or any other liabilities incurred by us arising out of your use of the Website, Apps or Services or use by any other person accessing the Website, Apps or Services using your hardware devices or internet access account.
10. BREACHES OF THESE TERMS AND CONDITIONS
10.1. Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, or if we reasonably suspect that you have breached these Terms and Conditions in any way, we may (at our absolute discretion) either:
10.1.1.1. send you one or more formal warnings;
10.1.1.2. temporarily suspend your access to the Website, Apps or Services;
10.1.1.3. permanently prohibit you from accessing the Website, Apps or Services;
10.1.1.4. block hardware devices using your IP address from accessing the Website, Apps or Services;
10.1.1.5. contact your internet services provider and request that they block your access to the Website, Apps or Services;
10.1.1.6. bring court proceedings against you for breach of contract or otherwise;
10.1.1.7. suspend and/or delete your account with the Website, Apps or Services; and/or
10.1.1.8. delete and/or edit any or all of your user generated content.
10.2 Where we suspend or prohibit or block your access to the Website, Apps or Services or a part thereof, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
11. COMPETITIONS
From time to time we may run competitions, free prize draws and/or other promotions on the Website, Apps or Services. These may be subject to separate terms and conditions (that we will make available to you as appropriate).
12. ASSIGNMENT
12.1 We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.
12.2 You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms and Conditions.
13. SEVERABILITY
If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
14. EXCLUSION OF THIRD PARTY RIGHTS
These Terms and Conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.
15. LAW AND JURISDICTION
These Terms and Conditions will be governed by and construed in accordance with the laws of England, and any disputes relating to these Terms and Conditions will be subject to the non-exclusive jurisdiction of the courts of England and Wales. 2015.